do-me/EUR-LEX huggingface dataset:
Case C-6/09: Judgment of the Court (Fifth Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2005/60/EC — Money laundering and terrorist financing — Failure to transpose within the prescribed period)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: Belgium, European Community, action for failure to fulfil an obligation, fight against crime, money laundering, terrorism








C_2009282EN.01001502.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/15





Judgment of the Court (Fifth Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Belgium
(Case C-6/09) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/60/EC - Money laundering and terrorist financing - Failure to transpose within the prescribed period)
2009/C 282/28
Language of the case: French

Parties


Applicant: Commission of the European Communities (represented by: V. Peere and P. Dejmek, acting as Agents)

Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to have adopted or communicated, within the prescribed time-limit, all the measures necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ 2005 L 309, p. 15)

Operative part of the judgment

The Court:






1.


declares that, by failing to adopt, within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, the Kingdom of Belgium has failed to fulfil its obligations under that directive;










2.


orders the Kingdom of Belgium to pay the costs.






(1)  OJ C 69, 21.03.2009.
Case T-397/09: Action brought on 6 October 2009 — Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg v OHIM (Figurative mark representing a coat of arms)
Date: 2009-10-06
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law








C_2009297EN.01002901.xml










5.12.2009   


EN


Official Journal of the European Union


C 297/29





Action brought on 6 October 2009 — Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg v OHIM (Figurative mark representing a coat of arms)
(Case T-397/09)
2009/C 297/42
Language in which the application was lodged: German

Parties


Applicant: Ernst August Prinz von Hannover Herzog zu Braunschweig und Lüneburg (Hanover, Germany) (represented by R. Stötzel and J. Hilger, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Forms of order sought







—


Annulment of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 July 2009 in Case R 1361/2008-1 concerning the application for Community trade mark No 5 627 245 and admission of the application for Community trade mark No 5 627 245 for publication in the Community Trade Marks Bulletin;










—


Order OHIM to pay the costs.





Pleas in law and main arguments


Community trade mark concerned: The colour figurative mark representing a coat of arms for goods and services in Classes 16, 25, 28, 2, 33, 35, 39, 41 and 43 (Application No 5 627 245)

Decision of the Examiner: Application refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law: Inter alia, infringement of Article 7(1)(h) of Regulation No 207/2009 (1), since the mark applied for is neither identical with the opposing royal emblem nor a heraldic immitation thereof.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-438/07: Judgment of the Court (Third Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Sweden (Failure of a Member State to fulfil obligations — Environment — Directive 91/271/EEC — Treatment of urban waste water — Failure to require more stringent treatment of nitrogen in all treatment plants of urban waste water from agglomerations of more than 10000 population equivalent)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, eutrophication, sensitive area, urban area, wastewater, water treatment








C_2009282EN.01000402.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/4





Judgment of the Court (Third Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Sweden
(Case C-438/07) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 91/271/EEC - Treatment of urban waste water - Failure to require more stringent treatment of nitrogen in all treatment plants of urban waste water from agglomerations of more than 10 000 population equivalent)
2009/C 282/06
Language of the case: Swedish

Parties


Applicant: Commission of the European Communities (represented by: I. Koskinen, L. Parpala, M. Patakia and S. Pardo Quintillán, Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk, Agent)

Intervener in support of the defendant: Republic of Finland (represented by: J. Heliskoski and A. Guimaraes-Purokoski, Agents)

Re:
Failure of a Member State to fulfil obligations — Breach of Article 5(2), (3) and (5) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40), as amended by Commission Directive 98/15/EC of 27 February 1998 (OJ 1998 L 67, p. 29) — Failure to ensure, at the latest by 31 December 1998, that all discharges from treatment plants of urban waste water from agglomerations of more than 10 000 population equivalent released into sensitive areas or their catchment areas fulfil the relevant requirements of Annex I to Council Directive 91/271/EEC.

Operative part of the judgment

The Court:






1.


Declares that, by not ensuring, by 31 December 1998 at the latest, that discharges from the treatment plants of urban waste water from agglomerations of more than 10 000 population equivalent listed in Annexes 2 and 3 to its defence, as amended by its rejoinder, which enter directly into sensitive areas or their catchment areas fulfil the relevant requirements of Annex I to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment, as amended by Commission Directive 98/15/EC of 27 February 1998, the Kingdom of Sweden has failed to fulfil its obligations under Article 5(2), (3) and (5) of that directive;










2.


Dismisses the action as to the remainder;










3.


Orders the Commission of the European Communities, the Kingdom of Sweden and the Republic of Finland to bear their own costs.






(1)  OJ C 283, 24.11.2007.
Case C-267/08: Judgment of the Court (Second Chamber) of 6 October 2009 (reference for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Klagenfurt (Austria)) — SPÖ Landesorganisation Kärnten v Finanzamt Klagenfurt (VAT — Entitlement to deduct input tax — Concept of economic activities — Regional groups of a political party — Advertising activities benefiting the party’s local groups — Expenditure relating to those activities exceeding income)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: advertising, interpretation of the law, party financing, party organisation, political parties








C_2009282EN.01001201.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/12





Judgment of the Court (Second Chamber) of 6 October 2009 (reference for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Klagenfurt (Austria)) — SPÖ Landesorganisation Kärnten v Finanzamt Klagenfurt
(Case C-267/08) (1)

(VAT - Entitlement to deduct input tax - Concept of ‘economic activities’ - Regional groups of a political party - Advertising activities benefiting the party’s local groups - Expenditure relating to those activities exceeding income)
2009/C 282/21
Language of the case: German

Referring court

Unabhängiger Finanzsenat, Außenstelle Klagenfurt

Parties to the main proceedings


Applicant: SPÖ Landesorganisation Kärnten

Defendant: Finanzamt Klagenfurt

Re:

Reference for a preliminary ruling — Unabhängiger Finanzsenat, Außenstelle Klagenfurt (Austria) — Interpretation of Article 4(1) and (2) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Concept of ‘economic activity’ — Organisation by the provincial organisation of a political party of promotional activities for the benefit of the district organisations of that party, taking the form of events, the production and delivery of publicity material and the organisation of an annual ball — Expenses related to these activities considerably exceeding the revenue derived from passing on the expense of some of those activities to the district organisations and from the sale of the tickets for the ball

Operative part of the judgment

Article 4(1) and (2) of the Sixth Council Directive (77/388/EEC) of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment is to be interpreted as meaning that, external advertising activities carried out by a section of a Member State’s political party is not to be regarded as an economic activity.


(1)  OJ C 247, 27.9.2008.
Prior notification of a concentration (Case COMP/M.5591 — CEZB/JAVYS/JESS JV) Text with EEA relevance
Date: 2009-10-06
Institutions: European Commission
Subjects: decommissioning of power stations, economic concentration, electrical energy, energy distribution, energy production, exchange of information, merger control, nuclear power station, radioactive waste, waste management








C_2009239EN.01002601.xml










6.10.2009   


EN


Official Journal of the European Union


C 239/26





Prior notification of a concentration
(Case COMP/M.5591 — CEZB/JAVYS/JESS JV)
(Text with EEA relevance)
2009/C 239/06






1.


On 29 September 2009, the Commission received a notification of a proposed concentration pursuant to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1) by which the undertakings ČEZ BOHUNICE a.s. (‘CEZB’, Czech Republic), belonging to the group ČEZ a.s. (‘CEZ’, Czech Republic), and Jadrová a vyraďovacia spoločnosť, a.s. (‘JAVYS’, Slovak Republic) acquire within the meaning of Article 3(1)(b) of the Regulation control of the whole of the undertaking Jadrová energetická spoločnosť Slovenska, a.s. (‘JESS’, Slovak Republic) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


for CEZ: generation, distribution and sale of electricity,










—


for JAVYS: treatment of nuclear waste and decommissioning of nuclear facilities.














3.


The joint venture, JESS, will be a new nuclear power plant active in the generation and sale of electricity in the Slovak Republic.










4.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.










5.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301 or 22967244) or by post, under reference number COMP/M.5591 — CEZB/JAVYS/JESS JV, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1.
Case C-153/08: Judgment of the Court (First Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Freedom to provide services — Article 49 EC and Article 36 of the EEA Agreement — Direct taxation — Income tax — Tax exemption restricted to winnings from lotteries and games of chance organised by certain national bodies and entities)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: EU Member State, Spain, action for failure to fulfil an obligation, game of chance, national law, restriction on competition, tax exemption








C_2009282EN.01001001.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/10





Judgment of the Court (First Chamber) of 6 October 2009 — Commission of the European Communities v Kingdom of Spain
(Case C-153/08) (1)

(Failure of a Member State to fulfil obligations - Freedom to provide services - Article 49 EC and Article 36 of the EEA Agreement - Direct taxation - Income tax - Tax exemption restricted to winnings from lotteries and games of chance organised by certain national bodies and entities)
2009/C 282/17
Language of the case: Spanish

Parties


Applicant: Commission of the European Communities (represented by: R. Lyal and L. Lozano Palacios, Agents)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC and Article 36 EEA — National legislation under which amounts won in lotteries and games of chance organised abroad, but not in certain lotteries or games of chance organised in Spain, are subject to income tax.

Operative part of the judgment

The Court:






1.


Declares that, by maintaining in force fiscal legislation which exempts winnings from lotteries, games of chance and betting organised in the Kingdom of Spain by certain public bodies and entities established in that Member State and pursuing social or charitable non-profit-making activities, without that same exemption being granted to winnings from lotteries, games of chance and betting organised by bodies and entities established in another Member State of the European Union or European Economic Area and pursuing the same type of activities, the Kingdom of Spain has failed to fulfil its obligations under Article 49 EC and Article 36 of the Agreement on the European Economic Area of 2 May 1992;










2.


Dismisses the action as to the remainder;










3.


Orders the Commission of the European Communities and the Kingdom of Spain to bear their own costs.






(1)  OJ C 142, 7.6.2008.
Case C-301/07: Judgment of the Court (Second Chamber) of 6 October 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH (Trade marks — Regulation (EC) No 40/94 — Article 9(1)(c) — Trade mark with a reputation in the Community — Geographical extent of the reputation)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: EU trade mark, interpretation of the law, trade mark, trade-mark law








C_2010024EN.01000302.xml










30.1.2010   


EN


Official Journal of the European Union


C 24/3





Judgment of the Court (Second Chamber) of 6 October 2009 (reference for a preliminary ruling from the Oberster Gerichtshof (Austria)) — PAGO International GmbH v Tirolmilch registrierte Genossenschaft mbH
(Case C-301/07) (1)

(Trade marks - Regulation (EC) No 40/94 - Article 9(1)(c) - Trade mark with a reputation in the Community - Geographical extent of the reputation)
2010/C 24/04
Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings


Applicant: PAGO International GmbH

Defendant: Tirolmilch registrierte Genossenschaft mbH

Re:

Reference for a preliminary ruling — Oberster Gerichtshof — Interpretation of Article 9(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Rights of the proprietor of a trade mark having a reputation in the Community — Trade mark having a reputation only in one Member State — Protection of the trade mark in the whole of the Community or only in one Member State

Operative part of the judgment

Article 9(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark must be interpreted as meaning that, in order to benefit from the protection afforded in that provision, a Community trade mark must be known by a significant part of the public concerned by the products or services covered by that trade mark, in a substantial part of the territory of the European Community, and that, in view of the facts of the main proceedings, the territory of the Member State in question may be considered to constitute a substantial part of the territory of the Community.


(1)  OJ C 223, 22.9.2007.
Case C-335/07: Judgment of the Court (Third Chamber) of 6 October 2009 — Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Environment — Directive 91/271/EEC — Treatment of urban waste water — Failure to require more stringent treatment of nitrogen in all treatment plants of urban waste water from agglomerations of more than 10000 population equivalent)
Date: 2009-10-06
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, wastewater, water treatment








C_2009282EN.01000302.xml










21.11.2009   


EN


Official Journal of the European Union


C 282/3





Judgment of the Court (Third Chamber) of 6 October 2009 — Commission of the European Communities v Republic of Finland
(Case C-335/07) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 91/271/EEC - Treatment of urban waste water - Failure to require more stringent treatment of nitrogen in all treatment plants of urban waste water from agglomerations of more than 10 000 population equivalent)
2009/C 282/04
Language of the case: Finnish

Parties


Applicant: Commission of the European Communities (represented by: I. Koskinen, L. Parpala, M. Patakia and S. Pardo Quintillán, Agents)

Defendant: Republic of Finland (represented by: J. Heliskoski and A. Guimaraes-Purokoski, Agents)

Intervener in support of the defendant: Kingdom of Sweden (represented by: A. Falk, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Art. 5(2), (3) and (5) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40) — Failure to require that all urban waste water collected from agglomerations of more than 10 000 population equivalent be subject to more efficient treatment

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Commission of the European Communities to pay the costs;










3.


Orders the Kingdom of Sweden to bear its own costs.






(1)  OJ C 235, 6.10.2007.